Current through Supplement No. 394, October, 2024
1. For purposes of this chapter:
a. "Deprived of parental support or care by
reason of the continued absence of a parent" means a situation that occurs when
all of the following factors are present:
(1)
The parent is physically absent from the home;
(2) The nature of the parent's absence is
such as to interrupt or terminate the parent's functioning as a provider of
maintenance, physical care, or guidance for the child; and
(3) The known or indefinite duration of the
absence precludes relying on the parent to perform the parent's functions in
planning for the present support or care of the child.
b. A "parent's absence is such as to
interrupt or terminate the parent's functioning as a provider of maintenance,
physical care, or guidance for the child" only if one of these three functions
is totally interrupted or finally terminated.
2. A determination that a parent's absence
has or has not interrupted or terminated the parent's functioning must be
supported by information provided by the applicant or otherwise available to
the county agency.
3. Except as
provided in subsections 4 and 5, if all three of the conditions for showing
deprivation by reason of the continued absence of a parent are met, the reason
for the parent's absence and the length of the parent's absence is
immaterial.
4. A parent who is
performing active duty in uniformed service is "absent from the home" only if
there is evidence that continued absence would have existed irrespective of the
parent's serving in uniformed service. Acceptable evidence that such an absence
exists includes proof of legal separation, desertion, or divorce, either final
or in process. If there has been no legal action taken, some indication of how
the parent came to be absent must be provided.
5. A parent temporarily living apart from the
child or children while attending school or vocational training or working or
seeking work in another community does not meet the requirements for continued
absence as long as the parent continues to function as a parent, even if the
level of support or care is deficient or diminished.
6. Types of parental absences frequently
giving rise to dependency in children include:
a. Divorce. The continued absence of a parent
may be established as the result of divorce.
b. Separation. Legal separation is an
arrangement by which a husband and wife live apart, subject to a court order
that may divide the parties' property, provide for spousal or child support,
and provide for custody and visitation of children, but remain married. Such
court orders may be temporary or permanent. Separation by mutual consent or
agreement involves the discontinuance of the marital relationship without legal
action. Continued absence of a parent as a result of this arrangement can be
established if there is no collusion between the parents to render the family
eligible for temporary assistance for needy families.
c. Imprisonment. Imprisonment of a parent is
a type of parental absence that creates dependency among children. Continued
absence exists only if the parent is sentenced to and serves a thirty-day or
longer term of incarceration unless:
(1) The
term actually served is less than the sentence imposed;
(2) The term served is shortened by order of
the court; and
(3) Assistance has
been issued before information about the shortened term is received by the
county agency.
d.
Unmarried parenthood. A child born out of wedlock is deprived of parental
support by reason of continued absence of a parent if the child's parents do
not reside together.
e. Desertion.
Desertion is the voluntary and willful abandonment, by a parent, of the
parent's child or children without making adequate provision for the care and
support of the child or children.
General Authority: NDCC
50-09-02,
50-09-25
Law Implemented: NDCC
50-09-02
